IP lawyer says case 'too close to call'
IP lawyer says case 'too close to call' The Wall Street Journal's Law Blog spoke earlier today with Ethan Horwitz, an IP lawyer from King & Spalding on the ongoing Lexicon case. Horwitz tries to further explain the ambiguous concept of "fair use," offering his overall opinion:

"It’s really pretty remarkable, in my opinion. The fair-use test has four factors and each side can find precedent to support it. The case law is really all over the map. And on the facts, too, I think it’s a really close case. It really smacks down right in the middle."

Additionally, he explains the strengths and weaknesses on both sides, but ultimately concludes that this case is "too close to call."
Posted by Micah on Apr 16th | 43 Comments
Visitor Comments
Posted by jumpmann1 Apr 16th 2008

i hope she wins!


Posted by MagicMaker222 Apr 16th 2008

I'm for Jo as well.. Jo and her "real" version of the book.


Posted by Quantummilkshake Apr 16th 2008

Well. Like everyone else here. I support Jo!


Posted by angelina_johnson92 Apr 16th 2008

Go Jo!


Posted by Kself482 Apr 16th 2008

Not that I'm not hoping the best for Jo, but do we really need hourly updates? Come on, we don't care that much about all the legal crap...


Posted by snapeluver1777 Apr 16th 2008

Go Jo we all support you!


Posted by snapelova Apr 16th 2008

Go JO!!


Posted by alice_grayson Apr 16th 2008

I have a bad feeling about the "to close to call" comment....that can't bode well for all of us wishing for a quick rap up so that Jo can go back to working on her encyclopedia.


Posted by slugclubgirl77 Apr 16th 2008

I'm sooooo confused!?!? ... What is the guy trying to do? copy harry potter or make an encyclopidia without copyrights?!!? ughh...this is why i will never be a lawyer...haha (: well anyway i hope JKR wins this whole thing


Posted by hbaby24 Apr 16th 2008

"to close to call"... I really don't see how that is since it's JK ROWLING that's invented the world of Harry Potter! You would think that the people associated with Lexicon would respect her wishes if they really do have a love for the HP story.


Posted by Shauki Apr 16th 2008

we don't care that much about all the legal crap... WE DON'T CARE THAT MUCH ABOUT ALL THE LEGAL CRAP!!! WE DON'T NEED HOURLY UPDATES ABOUT THIS!! WE NEED NEWS ABOUT BOOK, MOVIE and ACTORS!!!


Posted by dachosenone Apr 16th 2008

I don't really see how it's that close, they're copying her words, her work, her characters, and adding nothing. No speculation or commentary, analysis, nothing! It shouldn't be that hard for the judge and the jury to figure this out!


Posted by Dragon_queen4ever Apr 16th 2008

out of curiosity, what would the charges be for each side?


Posted by dachosenone Apr 16th 2008

Shauki, what's wrong with you? This is a big part of the fandom and plays a huge role in the life and work of the author that is the reason we can hear about the "BOOK, MOVIE and ACTORS!!!!" If you don't want to hear about it, just don't read Mugglenet, because this site is here to give us information about what is happening in the fandom, not just that Emma Watson got three more pictures taken of her. Big whoop, I don't even see how that qualifies, and you prefer that over news on JKR's court case?


Posted by Dragon_queen4ever Apr 16th 2008

Shauki: I care about this legal crap. so there.


Posted by cwhit55 Apr 16th 2008

It seems ridiculous to suggest that an unofficial encyclopedia ABOUT Harry Potter should be considered plagiarism. Vander Ark doesn't claim to have created any of the HP world or characters. The fact that he is making money off a book intended to be used for reference and analysis is nothing outrageous-- one can find loads of books about Middle Earth and other fictional worlds not written by the those world's original creators. Also, Jo calling the book sloppy and lazy, is not only far too harsh, but comes off as rather cold.


Posted by tiassa Apr 16th 2008

I agree with dachosenone, no Jo means no books,no movie and no actors, this is hard for me to understand all the legal crap too but Im tryying. You dont have to if you dont want to.Im not that interested in news about actors and I dont complain when they come. Besides, if there was news about any of those Mugglenet will tell you. As it did yesterday with Emma and Slughorn's actor(sorry I forgot the name).


Posted by Kself482 Apr 16th 2008

I wasn't saying that you shouldn't care. As HP fans, you should. But I'm saying that it is annoying how they are constantly updating on every single little thing that goes on in the court room. I mean, seriously do we need this every hour? The next headline I expect to see will say "Judge dropped his pen in the direction of JKR." Ridiculous? I think so..


Posted by SlytherinBabe Apr 16th 2008

omg "too close to call" ???!! ARE YOU KIDDING HARRY POTTER BELONGS TO JO AND NO ONE BUT JO WHY IS THEIR A QUESTION ABOUT THIS????!!!! IT'S JO'S AND SHE DOESN'T DESERVE TO HAVE TO GO THROUGH THIS LIKE IT DOESN'T MATTER THAT SHE CREATED IT AND THAT IT'S HERS!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!


Posted by Grnd3lW4Ld Apr 16th 2008

If it all belongs to jo why is this site allowed? its not a black and white case even whoever this guy is says it im not a lawyer but ill listen to someone more knowledgeable then me, especially the way jk has been acting.


Posted by CROOKSHANKS99 Apr 16th 2008

okay first wahooo go jo and second how long is this going to take?? i mean day 3 already wow i guess there is alot of ppl to question....good luck jo we are all pulling for you!!


Posted by Grnd3lW4Ld Apr 16th 2008

haha! its a regualar human but on the north pole! its fun stealing jokes from Elf


Posted by ALe_Av Apr 16th 2008

SlytherinBabe, it belongs to Jo or to the fans? sad, but I think thats what this is about. I still support Jo, she doesn't deserve all that she's going trough now


Posted by Grnd3lW4Ld Apr 16th 2008

last post was directed at wb post sorry but w/e, Ale what do you meanwho does harry potter belong to? i guess legally sure jkr and wb, but rightfully shouldnt anyone be able to like it and write about it?


Posted by Hydrus Apr 16th 2008

Actually, most of it belongs to Warner Bros. now. All the same, it's been considered fair use to write about another


Posted by kreacher888 Apr 16th 2008

DUCHE!


Posted by alexxx Apr 16th 2008

guys its JK rowlings ideas and hers only, she should win. END OF STORY. go jo, im all for youuu


Posted by alexxx Apr 16th 2008

guys its JK rowlings ideas and hers only, she should win. END OF STORY. go jo, im all for youuu


Posted by Trosa Apr 16th 2008

cwhit is right. As many Tolkien fans know, J.R.R. Tolkien's son Christopher is VERY VERY VERY protective of the rights to LORD OF THE RINGS and his father's other books. But even he doesn't bother to stop the MOUNTAINS of LOTR companion books that get released every year. If coypright were that black and white, would it be legal to conduct any news reporting (like Mugglenet does)? Because the job of an objective reporter is to report words, deed and events without analysis or commentary--therefore people could sue because someone "stole" their words and used them as quotes. That may not ben airtight analogy, but you get the point. Copyright law has a Fair Use loophole for a reason--so that legitimate reporter and scholars don't have to ask permission for perfectly legitimate reporting and scholarship. The question in this case is whether SVA/RDR's book is legitimate fair use.


Posted by RogueJedi86 Apr 16th 2008

I agree with Trosa. People need to stop being blind JKR/HP fanboys/girls and actually understand what this case is about. It's not just "JKR fights bad guys", it's about whether any reference books not by the original author can be published. And the original author often times can't write the book instead. Some have been dead for years(JRR Tolkien, Bram Stoker, Gene Roddenberry etc.), while others are simply too busy to do it themselves(George Lucas). there's a reason these people are calling this case "too close to call", because it's not just "JKR fights some bad kid who wants to steal her money".


Posted by alice_grayson Apr 16th 2008

I understand and agree with where your comming from RogueJedi86 and Trosa, but I still can't help but feel that this case is a little personal. It was pretty much common knowledge that Jo was planning on writting a HP encyclopedia, and that she had asked Mugglenet not to publish their own...and I still find it a little surpirsing that SVA didn't decided to step down and just publish his other HP companion book thats comming out later on. (it's about places in the real world and Harry Potter or something like that...please don't quote me on it I'm not completely sure what it's about)


Posted by Bellatrix__Lestrange Apr 16th 2008

This lawyer needs a new job if he thinks they both have a good argument. The the defense has nothing. The Lexicon book copies 92% of J.K. Rowlings material. It does not fall under fair use.


Posted by slugclubgirl77 Apr 16th 2008

uhm... i know harry potter was meant for the world to read but he's JKR she created harry so he belongs to JKR


Posted by Grind3lw4ld Apr 16th 2008

it doesnt belong to her, for it to belong to her she would have never published the book and sold it


Posted by Decagon Apr 16th 2008

LOL! When has anyone heard an attorney predict a case outcome? Horwitz's remarks are somewhat superficial and incomplete considering the complexities of the case. However, that may be due to the nature of the WSJ Law Blog and the person who interviewed him. It's a shame they didn't take the opportunity to use his interview to educate the millions of fans who are deeply interested in learning about the ins-and-outs of this trial as they follow it. A learning opportunity missed.


Posted by Rose37 Apr 17th 2008

I say that either side could and should win. J.k. Rowling has finally finished the series and now is just trying to continue the fam!!!


Posted by slugclubgirl77 Apr 17th 2008

Yeahh but itss HER ideas


Posted by RogueJedi86 Apr 17th 2008

JKR has admitted to using the HP Lexicon for reference when writing an HP Book without her HP Bible with her. The Chamber of Secrets DVD has a timeline that was arguably copied from the Lexicon's website(WB even showed it to JKR for approval). She's praised this site so much for all its info, but now she's complaining. Something stinks.


Posted by AzkabanSirius Apr 17th 2008

I'm sorry but I am going to have to go against Rowling in this case. Lexicon is doing what other websites and authors have done to other literary works in the past: writing an unofficial companion piece. How many novels are out there on the subject of Star Wars or Star Trek? What about all the unofficial guides to Middle-Earth that can be found at your local Barnes and Noble? This guy was writing this little A-to-Z companion book out of love for the series. Rowling herself has gone on record saying that she used Lexicon on occassion to look up information. And, as the above poster referenced, its possible that the Chamber of Secrets DVD timeline was lifted straight from Lexicon. The guy's a devoted fan who probably will want nothing to do with the Magical World of Harry Potter once this trial is done.


Posted by thatpotterboy Apr 18th 2008

Too close to call...? Correct me if I'm wrong, but isn't that why he's a judge, so he can make the call?


Posted by thatpotterboy Apr 18th 2008

GAH! Nevermind... I jumped in and said judge when the article is quoting from the lawyer. Sorry, my bad. AzkabanSirius, you had said "its possible that the Chamber of Secrets DVD timeline was lifted straight from Lexicon." That may be true, but where would the lexicon get the information about the timeline? Straight out of the books; so again it comes full circle. Without the books, there would be no timeline. Am I misunderstanding you somewhere. Please correct me if I'm missing something. (No worries. You made some good points in your post. ;) )


Posted by KaitlinM Apr 19th 2008

MUGGLENET USERS!!!! MN IS A FORUM ABOUT HP, AND NOT THE PLACE FOR NASTY COMMENTS!!! ANYONE WHO CARES ABOUT HP AND MN, IGNORE NEGATIVE COMMENTS AND REPORT NEGATIVE POSTERS!!! FLOOD MN WITH POSITIVE MESSAGES ACTUALLY RELATED TO THE POST AND HP!!!!! ----PASS IT ON!!!


Posted by trueligth Apr 21st 2008

I know the some people like to make a buck the easy way. Let's hope this is not the case. Because take something is not yours and make it your own is not right and is dishonest. Let's hope the true comes out and the parties involve agree with the ruling of the court.




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